Realtors

BVHP realtors to discuss black crisis

0

Diane Wesley Smith, owner/broker of DWS/BVHP Real Estate Services, says that a newly formed group, the Bayview Hunters Point Real Estate Professionals, will meet at 1 PM, Friday, March 6 to discuss the current real estate situation in Bayview Hunters Point and how folks can help protect the BVHP community.

Afraid that the current redevelopment plans for the BVHP won’t help folks who grew up and live in the community to get jobs or stay in the BVHP, including those who hope to live in public housing, but have felonies on their record, Wesley Smith believes the time is right for concerned citizens to come together and brainstorm about this ongoing crisis.

Part of this crisis has been documented by Mayor Gavin Newsom’s African American Outmigration task force, which showed that African Americans are leaving San Francisco at a higher rate than any other U.S. city. But a visit to the taskforce’s website suggests that the taskforce has not met since December 2007. Equally disturbing is the fact that the task force did not present its findings to elected officials until August 2008. In other words, voters were not able to access relevant data about the plight of their city’s African American community, until six weeks after they had voted on–and endorsed–a conceptual framework that is now being used to drive an urban design plan that has environmental and social justice groups raising their eyebrows.

Fast forward to March 2009 and Diane Wesley-Smith is hoping that folks can come together and reach out to the Obama administration to make sure that the federal government realizes that the city is moving forward with plans to simply cap a radioactively contaminated landfill in the BVHP, even though the mess was created by the federal government, lies next to the San Francisco Bay and will be capped adjacent to a massive condo development.

“At the very least, Lennar should have online disclosures about the condition of the land they plan to develop,” says Wesley Smith, noting that she is concerned about all the people living in the BVHP.

The Bayview Hunters Point Real Estate Professionals will meet at DWS/BVHP Real Estate Services, 4636 Third Street at Newcomb Avenue.

Warmest Regards,

Diane

Diane Wesley Smith, Owner/Broker
DWS/BVHP Real Estate Services
4636 Third Street
San Francisco, CA 94124
415 821-2847 Office
415 342-5970 Cellular

Daly introduces rule changes to aid struggling tenants

8

322418_com__stretched_dollar.jpg

By Rebecca Bowe

As the economic downturn deepens, millions in state and federal funds have been allocated to struggling homeowners who are falling behind on mortgage payments. Today, Supervisor Chris Daly will ask the Board of Supervisors to extend a life raft to another group of people who are worried about losing the roofs over their heads: tenants.

“Homeowners aren’t the only ones struggling with the financial crisis. Most San Franciscans are renters,” Daly points out. “It’s about time we do something to help tenants who are losing their homes. In this crisis, it is not appropriate for landlords to be raising rents that tenants can’t afford.”

Toward that end, Daly will introduce a “renters economic relief package” at today’s board meeting, which proposes several amendments to the city’s rent-control law. The three changes are designed to ease some of the pain for San Francisco renters, who face the pressure of rising rents even as the economy continues to slide. In 2009, the Board of Realtors projects a 7 percent rent increase for vacant units, a measure that’s looked to as a barometer for how the rental market is behaving, according to Ted Gullicksen of the San Francisco Tenants Union.

‘The end of the goddamn family dog’

0

› news@sfbg.com

Former Bottom of the Hill and DNA Lounge doorperson Greg Slugocki wakes up every morning at 4 a.m. to feed and care for 75 rescued dogs at Milo Sanctuary, one of the largest dog and cat rescue sanctuaries in the country. It’s one-third the size of Golden Gate Park and tucked in the mountains of Mendocino County, north of Ukiah.

Slugocki has worked like a dog since he was hired last November, part of a crew of two who cover 283 acres of mountainous terrain. But it’s something else that has recently made his head spin.

"The rate of animals we’ve had to take because of foreclosures is astronomical," Slugocki said. "I’ve taken more dogs in the last three months than in the last two years."

Milo Sanctuary holds adoptions in Berkeley, Oakland, and San Rafael, and he communicates daily with Bay Area shelters and rescues, which also have reported unprecedented increases in animals reluctantly turned over by their desperate owners.

Slugocki may be in the backwoods of Mendocino County, but he’s not alone in this dilemma. Shelters all over the country are reporting rising numbers of dogs, cats, horses, and all kinds of family pets made homeless by the home foreclosure crisis.

In January, San Francisco Animal Care and Control — the municipal shelter and adoption department obligated to take all animals — documented, for the first time, an unprecedented increase in owner-surrendered animals. The report found that since August 2008, there’s been steady monthly increase in such animals, amounting to a 13 percent average rise since last year. Last month saw the highest number of owner-surrendered animals, with an increase of 35 percent.

Though there may not be a clear, quantifiable way of determining whether those owner-surrendered animals are in fact casualties of the foreclosure crisis, animal rescue folks say there is overwhelming anecdotal evidence that this is the case. "Our rescue partners are stretched," SFACC director Rebecca Katz told the Guardian. "We’re stretched."

Indeed, almost every kennel contains a dog with a tag reading "owner- surrender." Animal Care and Control runs a "no kill" shelter — which means animals are euthanized only if they are too sick to be treated or too aggressive to qualify for adoption — has had to spill some of its new arrivals over into its adoption kennels rather than give all the new arrivals a chance for the owners to reclaim them.

"I’ve been dealing with this shelter for 15 years," said Paley Boucher, founder of volunteer-run Rocket Dog rescue, which saves almost 200 dogs from lethal injection each year. "It used to stand out when you saw a dog that was owner-surrendered. But now almost all of them are." Linda Pope with Nike Animal Rescue Foundation says dogs adopted and returned due to foreclosures is an entirely new phenomenon to the center.

Cat Brown, deputy director of the San Francisco SPCA, reported a rise in owner-surrendered animals. "We feel it’s directly related to the economy," she added. "It’s about people losing their jobs and thinking about what they can give up."

Gary Tiscornia, executive director of Monterey County’s SPCA, says there have been a high number of foreclosure animals and a lack of communication between the shelters and the banks, real estate agents, property inspectors, and other entities that find abandoned animals in vacated homes.

Tiscornia said that Realtors in California have found animals in all kinds of conditions in vacated homes, including rottweillers abandoned with a few bags of food and a tub of water, and a dog left for dead in an empty house. It hasn’t always been the case that such incidents were reported to animal shelters.

The disconnect between corporate entities and shelters has been exacerbated by California laws requiring that inspected property, including animals, be left untouched. A new law that went into effect last month addresses the problem. Assembly Bill 2949 requires anyone who encounters an abandoned animal in a property that has been vacated through lease termination or foreclosure to immediately contact a local animal control agency.

The American Society for the Prevention of Cruelty to Animals (ASPCA) issued a statement on foreclosure animals Jan. 29, offering the following advice to those facing foreclosure or eviction: Check with friends, family and neighbors to see if someone can provide temporary foster care for your pet until you get back on your feet. Make sure pets are allowed — and get permission in writing — if you are moving into a rental property. Contact your local shelter, humane society, or rescue group in advance of moving, and provide your animal’s records to help it get placed in an appropriate home.

To love and lose a home is a hard thing, but to love and lose a home and a furry family member is worse, especially when people don’t know where their pet will end up. "People don’t know what to do," said Boucher, citing an example of a Bay Area woman who kept her dog in the backyard of her foreclosed home long after she had moved, and another of a family that asked the subsequent owners of their foreclosed home to care for their dog.

"We’re perceived as a no-kill city, but that’s just not true," said Boucher, who rescues pit pulls, the most frequently euthanized of all dogs. Like many rescue agents, Boucher disagrees with the standards set by the temperament tests that determine whether a dog is suitable for adoption, arguing that many perfect dogs would not pass the test.

Slugocki also takes issue with temperament tests. "Let’s say I’m a dog that hasn’t eaten for weeks and I get picked up and taken to a shelter and they put down a bowl of food as part of the temperament test. Take it away and see what I’ll do."

"This is a huge disaster, a quiet emergency," Boucher said. "I hope people can open their minds to fostering an animal."

Despite the spike in economy-related homeless animals, Katz says SFACC is still under control, at least for the time being. "We have not seen an increase in euthanasia and we hope not to." About 84 percent of animals that end up at the SF shelter are saved, compared to the depressing national average of 30 percent.

"We do everything we can to save animals’ lives. We reach out to every rescue we know of," Katz said.

But with shelters, rescues, and sanctuaries swamped with a growing wave of owner-surrendered pets, caring for the displaced animals is bound to get tougher, particularly if foreclosure crisis gets worse, as many economists predict. And with budget cuts in the offing in the city, SFACC staff fear cutbacks could drive up euthanasia rates.

Slugocki says his sanctuary has something other shelters don’t: space. He has 283 redwood-adorned majestic acres of it, and he’s willing to take every dog, no matter how many have failed the temperament tests that would guarantee a swift lethal injection at the pound.

"I can take dogs that don’t stand a chance. I can take them crippled, heart worm positive, deaf, blind, you name it," Slugocki said. Half of the 75 dogs at Milo are unadoptable and will live peacefully among the redwoods for the rest of their days. He says he can take up to 1,000 dogs but he’s missing one thing: sufficient staff to build enough dog pens and feed and care for a small city of dogs every day.

"I desperately need volunteers," Slugocki said. "I know there is a crowd of people, that 30 to 60 tattooed, pierced, old rock ‘n’rollers, new Buddhists, lifelong punks who are older and maybe have kids now." For now he’s taking as many dogs as he has pens for and is working 14-hour days to help save the discarded critters of the economic crisis.

"It’s the end of the goddamn family dog," Slugocki lamented. "Nobody who has a dog and has lost a home will ever think about having a dog again."

To contact Greg Slugocki, call (707) 459-0930 or email milo.sanctuary@yahoo.com.

Money talks

0

› news@sfbg.com

The economy’s a mess, and the housing crisis, financial meltdown, and skyrocketing unemployment rates have left a lot of San Franciscans short of cash. But the flow of big downtown money into political campaigns hasn’t slowed a bit.

In fact, a tally of all 2008 monetary and in-kind political contributions logged in the SF Ethics Commission Campaign Finance Database shows that even in the face of the worst financial crisis since the Great Depression, money spent on local political campaigns in the city swelled to a whopping $20.6 million. That grand total, which does not include loans or so-called "soft money" like independent expenditures, is higher than that of any previous year recorded in the Ethics database, which tracks campaign spending back to 1998.

A review of the entire database paints of picture of how influence money flows in San Francisco: Six of the top 10 donors over the past 10 years are big businesses and downtown organizations that promote the same conservative political agenda. The campaign cash often wound up in the same few political pots — a handful of supervisorial campaigns and some coordinated political action committees.

And despite spending ungodly sums of money, downtown lost more races than it won.

More than half the total money spent in 2008 came from one source: Pacific Gas and Electric Co., which plunked down $10.2 million last fall for the No on Proposition H campaign against the San Francisco Clean Energy Act. That November ballot measure, which lost under PG&E’s barrage, would have paved the way for public power, initiating a process to make the city the primary provider of electric power in San Francisco with a goal of 50 percent clean-energy generation by 2017.

The powerful utility wasn’t only the biggest spender last year — it claims the No. 1 slot on a list of all campaign contributions spanning from 1998 to 2008, which the Guardian compiled using Ethics data. PG&E dropped a juicy $14.7 million into local political campaigns over that period, beating out runner-up Clint Reilly by more than $10 million.

Below are brief introductions to the 10 biggest spenders, 1998-2008.

They’ve got the power. The colossal sums PG&E has forked over to influence ballot measures over the years puts the utility in a category all its own. SF isn’t the only municipality where the company has poured millions into defeating a public power proposal. In 2006, when Yolo County put measures on the ballot to expand the Sacramento Municipal Utility District (SMUD), which would have edged PG&E out of the service area, the utility spent $11.3 million to try and keep it from happening.

Pay to the order of Clint Reilly. Reilly, the former political consultant, now runs a successful real estate company. While his name routinely comes up on the roster of campaign contributors, he owes his status as No. 2 to his 1999 campaign for SF mayor, into which he poured some $3.5 million of his own money. "Most of the money we give is for Democratic candidates or progressive politicians, or neighborhood-oriented issues," said Reilly, who also served as president of the board of Catholic Charities.

Committee on really high-paying jobs? Third in line is the Committee on Jobs, a political action committee that aims to influence local legislation affecting business interests. The PAC is bankrolled in part by the Charles Schwab Corporation, Gap, Inc., and Gap founder Don Fisher — all of whom surface on their own in our Top 30 list. With a grand total just shy of $3 million, the committee coughed up about $100,000 in campaign-related spending in 2008. Much of that funding went to similar political entities, including the SF Coalition for Responsible Growth, the SF Chamber of Commerce 21st Century Committee, and the SF Taxpayers Union PAC (see "Downtown’s Slate," 10/15/2008). This past November, the COJ also backed the Community Justice Court Coalition, formed to pass Proposition L, which would have guaranteed first-year funding for Mayor Gavin Newsom’s small-crimes court in the Tenderloin. Prop. L failed by 57 percent.

Bluegrass billionaire. San Francisco investment banker and billionaire Warren Hellman has dropped nearly $1.2 million over the years into local political campaigns, our results show. Dubbed "the Warren Buffet of the West Coast" by Business Week for his sharp financial prowess, Hellman co-founded Hellman and Friedman, an investment firm, in 1984. Hellman is known for putting on Hardly Strictly Bluegrass, an annual SF music festival. While he tends to contribute to downtown business entities such as the Committee on Jobs and the Golden Gate Restaurant Association, in 2008 he devoted $100,000 to supporting a June ballot measure, Proposition A, that increased teacher salaries and classroom support by instating a parcel tax to amp up funding for public schools.

Fisher king. Don Fisher, founder and former CEO of Gap, Inc., is another one of SF’s resident billionaires. While Gap, Inc. turns up in 17th place in our results, Fisher himself has poured more than $1.1 million into entities such as the Committee on Jobs, SFSOS, the San Franciscans for Sensible Government Political Action Committee, and other conservative business groups. Fisher’s total includes money from the "DDF Y2K family trust," a Fisher family fund that shows up in Ethics records in 2000. In that year, $100,000 from that trust went to support the Committee on Jobs’ candidate advocacy fund, and another $40,000 went to a pro-development group called San Franciscans for Responsible Planning.

Not a very affordable campaign, either. Sixth up is Lennar Homes, the developer behind the massive home-building project at Hunters Point Shipyard, which the Guardian has covered extensively. The vast majority of its $1 million reported spending was directed to No on Prop. F, a campaign sponsored by Lennar to defeat a June ballot measure that would have created a 50 percent affordable-housing requirement for the Candlestick Point and Hunters Point Shipyard development project. The measure failed, with 63 percent voting it down.

Chuck’s bucks. Charles Schwab Corp., which set up shop in San Francisco in the mid-1970s, is an investment banking firm that reports having $1.1 trillion in total client assets. The corporation ranks seventh in our Top 30 list, with some $973,000 in donations. In 27th place is Charles R. Schwab himself, the company’s founder and chairman of the board (and the guy they’re referring to in those "Talk to Chuck" billboards posted all over SF). If Schwab’s individual and corporate donations were combined, the total would be enough to bump Warren Hellman out of fourth place. Schwab’s dollars are infused into the Committee on Jobs, the San Francisco Association of Realtors, the Golden Gate Restaurant Association, SF SOS, and other downtown-business interest organizations. "We’re a major company here in the Bay Area and a major employer," company spokesperson Greg Gable told the Guardian. "We’re interested in political matters across the board — it’s not limited to any one party." But it’s limited to one pro-downtown point of view.

The brass. The San Francisco Police Officer’s Association is another major player, spending some $913,000 since 1998 on political campaigns. The organization backed candidates Carmen Chu, Myrna Lim, Joseph Alioto, Denise McCarthy, and Sue Lee for supervisors in 2008, contributions show. All but Chu lost.

At your service. SEIU Local 1021 and SEIU 790 crop up frequently in Ethics data, with a grand total of about $860,000 in spending over the years. SEIU representatives recently turned out en masse at a Board of Supervisors meeting to urge the supervisors to support a June 2 special election to raise taxes in order to boost city revenues and save critical services from the hefty budget cuts that are coming down the pipe.

Friends in high places. No real surprises here: the Friends and Foundation of the San Francisco Public Library contributed its money to, well, ballot measures that would have affected the library. In 2000, for example, the F and F plunked $265 thousand into an effort called the "Committee to Save Branch Libraries — Yes on Prop. A."

Top 30 San Francisco campaign donors, 1998-2008

1. Pacific Gas & Electric $14,831,486
2. Clint Reilly $4,138,089
3. Committee on Jobs $2,970,857
4. Warren F. Hellman $1,191,970
5. Don Fisher (incl. Don & Doris Fisher Y2K trust) $1,164,286
6. Lennar Homes $1,002,861
7. Charles Schwab Corporation $973,176
8. S.F. Police Officers Association $913,834
9. SEIU Local 1021 & SEIU Local 790 $860,979
10. Friends & Foundation of the S.F. Public Library $858,082
11. California Academy of Sciences $818,154
12. Residential Builders Association of S.F. $753,857
13. Steven Castleman $665,254
14. S.F. Association of Realtors $647,299
15. S.F. Chamber of Commerce $614,824
16. SEIU United Health Care Workers West & Local 250 $585,937
17. Gap, Inc. $573,959
18. California Issues PAC $556,238
19. Corporation of the Fine Arts Museums $541,474
20. Wells Fargo $464,899
21. Building Owners & Managers Association of S.F. $464,027
22. Bank of America $429,316
23. Golden Gate Restaurant Association $422,685
24. SF SOS $407,491
25. AT&T Inc. and affiliates $404,704
26. Clear Channel $391,783
27. Charles R. Schwab (individual) $362,250
28. Yellow Cab Cooperative $344,907
29. S.F. Apartment Association $280,376
30. San Franciscans for Sensible Government PAC $279,009

The people’s election

0

› news@sfbg.com

By midnight Nov. 4, the drama was long over: John McCain had conceded, Barack Obama had delivered his moving victory speech — declaring that “change has come to America” — and the long national nightmare of the Bush years was officially headed for the history books.

But in San Francisco, the party was just getting started.

Outside of Kilowatt, on 16th Street near Guerrero, the crowd of celebrants was dancing to the sounds of a street drummer. In the Castro District, a huge crowd was cheering and chanting Obama’s name. And on Valencia and 19th streets, a spontaneous outpouring of energy filled the intersection. Two police officers stood by watching, and when a reporter asked one if he was planning to try to shut down the celebration and clear the streets, he smiled. “Not now,” he said. “Not now.”

Then, out of nowhere, the crowd began to sing: O say can you see /By the dawn’s early light …

It was a stunning moment, as dramatic as anything we’ve seen in this city in years. In perhaps the most liberal, counterculture section of the nation’s most liberal, counterculture city, young people by the hundreds were proudly singing The Star Spangled Banner. “For the first time in my life,” one crooner announced, “I feel proud to be an American.”

Take that, Fox News. Take that Sean Hannity and Rush Limbaugh and Sarah Palin and the rest of the right-wing bigots who have tried to claim this country for themselves. On Nov. 4, 2008, progressives showed the world that we’re real Americans, too, proud of a country that has learned from its mistakes and corrected its course.

President Obama will let us down soon enough; he almost has to. The task at hand is so daunting, and our collective hopes are so high, that it’s hard to see how anyone could succeed without a few mistakes. In fact, Obama already admitted he won’t be “a perfect president.” And when you get past the rhetoric and the rock star excitement, he’s taken some pretty conservative positions on many of the big issues, from promoting “clean coal” and nuclear power to escautf8g the war in Afghanistan.

But make no mistake about it: electing Barack Obama was a progressive victory. Although he never followed the entire progressive line in his policy positions, he was, and is, the creature of a strong progressive movement that can rightly claim him as its standard-bearer. He was the candidate backed from the beginning by progressives like Supervisors Chris Daly and Ross Mirkarimi (a Green). And only after his improbable nomination did moderates like Mayor Gavin Newsom and Sen. Dianne Feinstein jump on the bandwagon.

From the start, the young, activist, left wing of the Democratic Party was the driving force behind the Obama revolution. And while he has always talked to the Washington bigwigs — and will populate his administration with many of them — he would never have won without the rest of us. And that’s a fact of political life it will be hard for him to ignore, particularly if we don’t let him forget it.

For a few generations of Americans — everyone who turned 18 after 1964 — this was the first presidential election we’ve been able to get truly excited about. It was also the first presidential election that was won, to a significant extent, on the Internet, where progressive sites like dailykos.com raised millions of dollars, generated a small army of ground troops, and drove turnout in both the primaries and the general election. The movement that was built behind Obama can become a profound and powerful force in American politics.

So this was, by any reasonable measure, the People’s Election. And now it’s the job of the people to keep that hope — and that movement — alive, even when its standard-bearer doesn’t always live up to our dreams.

The evidence that this was the People’s Election wasn’t just at the national level. It showed up in the results of the San Francisco elections as well.

This was the election that would demonstrate, for the first time since the return of district elections, whether a concerted, well-funded downtown campaign could trump a progressive grassroots organizing effort. Sure, in 2000, downtown and then-Mayor Willie Brown had their candidates, and the progressives beat them in nearly every race. But that was a time when the mayor’s popularity was in the tank, and San Franciscans of all political stripes were furious at the corruption in City Hall.

“In 2000, I think a third of the votes that the left got came from Republicans,” GOP consultant Chris Bowman, who was only partially joking, told us on election night.

This time around, with the class of 2000 termed out, a popular mayor in office and poll numbers and conventional wisdom both arguing that San Franciscans weren’t happy with the current Board of Supervisors (particularly with some of its members, most notably Chris Daly), many observers believed that a powerful big-money campaign backing some likable supervisorial candidates (with little political baggage) could dislodge the progressive majority.

As late as the week before the election, polls showed that the three swings districts — 1, 3, and 11 — were too close to call, and that in District 1, Chamber of Commerce executive Sue Lee could be heading for a victory over progressive school board member Eric Mar.

And boy, did downtown try. The big business leaders, through groups including the Committee on Jobs, the Chamber, the Association of Realtors, Plan C, the newly-formed Coalition for Responsible Growth, and the Building Owners and Managers Association, poured more than $630,000 into independent expenditures smearing progressive candidates and promoting the downtown choices. Newsom campaigned with Joe Alioto, Jr. in District 3 and Ahsha Safai in District 11. Television ads sought to link Mar, John Avalos, and David Chiu with Daly.

Although the supervisors have no role in running the schools, the Republicans and downtown pushed hard to use a measure aimed at restoring JROTC to the city’s high schools as a wedge against the progressives in the three swing districts. They also went to great lengths — even misstating the candidates’ positions — to tar Mar, Chiu, and Avalos with supporting the legalization of prostitution.

And it didn’t work.

When the votes were counted election night, it became clear that two of the three progressives — Avalos and Chiu — were headed for decisive victories. And Mar was far enough ahead that it appeared he would emerge on top.

How did that happen? Old-fashioned shoe leather. The three campaigns worked the streets hard, knocking on doors, distributing literature, and phone banking.

“I’ve been feeling pretty confident for a week,” Avalos told us election night, noting his campaign’s strong field operation. As he knocked on doors, Avalos came to understand that downtown’s attacks were ineffective: “No one bought their horseshit.”

A few weeks earlier, he hadn’t been so confident. Avalos said that Safai ran a strong, well-funded campaign and personally knocked on lots of doors in the district. But ultimately, Avalos was the candidate with the deepest roots in the district and the longest history of progressive political activism.

“This is really about our neighborhood,” Avalos told us at his election night party at Club Bottom’s Up in the Excelsior District. “It was the people in this room that really turned it around.”

The San Francisco Labor Council and the tenants’ movement also put dozens of organizers on the ground, stepping up particularly strongly as the seemingly coordinated downtown attacks persisted. “It was, quite literally, money against people, and the people won,” Labor Council director Tim Paulson told us.

Robert Haaland, a staffer with the Service Employees International Union and one of the architects of the campaign, put it more colorfully: “We ran the fucking table,” he told us election night. “It’s amazing — we were up against the biggest downtown blitz since district elections.”

The evidence suggests that this election was no anomaly: the progressive movement has taken firm hold in San Francisco, despite the tendency of the old power-brokers — from Newsom to downtown to both of the city’s corporate-owned daily newspapers — to try to marginalize it.

Political analyst David Latterman of Fall Line Analytics began the Nov. 5 presentation at the San Francisco Planning and Urban Research Association election wrap-up by displaying an ideologically-coded map of San Francisco, drawing off of data from the Progressive Voter Index that he developed with San Francisco State University political science professor Rich de Leon. The PVI is based on how San Francisco residents in different parts of the city vote on bellwether candidates and ballot measures.

“Several of the districts in San Francisco discernibly moved to the left over the last four to eight years,” Latterman told the large crowd, which was made up of many of San Francisco’s top political professionals.

The two supervisorial districts that have moved most strongly toward the progressive column in recent years were Districts 1 (the Richmond) and 11 (the Excelsior), which just happened to be two of the three swing districts (the other being District 3–North Beach and Chinatown) that were to decide the balance of power on the Board of Supervisors this election.

Latterman said Districts “1, 3, and 11 went straight progressive, and that’s just the way it is.”

In fact, in many ways, he said this was a status-quo election, with San Francisco validating the progressive-leaning board. “A lot of people in the city didn’t see it as a chance for a drastic change citywide.”

In other words, keeping progressives in City Hall has become a mainstream choice. Whatever downtown’s propaganda tried to say, most San Franciscans are happy with a district-elected board that has brought the city a living-wage law and moved it a step toward universal health insurance.

The fate of the local ballot measures was another indication that Newsom, popular as he might be, has little ability to convince the voters to accept his policy agenda.

Voters rejected efforts by Newsom to consolidate his power, rejecting his supervisorial candidates, his Community Justice Center (as presented in Measure L), and his proposed takeover of the Transportation Authority (soundly defeating Proposition P) while approving measures he opposed, including Propositions M (protecting tenants from harassment) and T (Daly’s guarantee of substance abuse treatment on demand).

Asked about it at a post-election press conference, Newsom tried to put a positive spin on the night. “Prop. A won, and I spent three years of my life on it,” he said. “Prop B. was defeated. Prop. O, I put on the ballot. I think it’s pretty small when you look at the totality of the ballot.” He pointed out that his two appointees — Carmen Chu in District 4 and Sean Elsbernd in District 7 — won handily but made no mention of his support for losing candidates Lee, Alicia Wang, Alioto, Claudine Cheng, and Safai.

“You’ve chosen two as opposed to the totality,” Newsom said of Props. L and P. “Prop. K needed to be defeated. Prop. B needed to be defeated.”

Yet Newsom personally did as little to defeat those measures as he did to support the measures he tried to claim credit for: Measures A (the General Hospital rebuild bond, which everyone supported) and revenue-producing Measures N, O, and Q. In fact, many labor and progressives leaders privately grumbled about Newsom’s absence during the campaign.

Prop. K, which would have decriminalized prostitution, was placed on the ballot by a libertarian-led signature gathering effort, not by the progressive movement. And Prop. B, the affordable housing set-aside measure sponsored by Daly, was only narrowly defeated — after a last-minute attack funded by the landlords.

All three revenue-producing measures won by wide margins. Prop. Q, the payroll tax measure, passed by one of the widest margins — 67-33.

Latterman and Alex Clemens, owner of Barbary Coast Consulting and the SF Usual Suspects Web site, were asked whether downtown might seek to repeal district elections, and both said it didn’t really matter because people seem to support the system. “I can’t imagine, short of a tragedy, district elections going anywhere,” Latterman said.

Clemens said that while downtown’s polling showed that people largely disapprove of the Board of Supervisors — just as they do most legislative bodies — people generally like their district supervisor (a reality supported by the fact that all the incumbents were reelected by sizable margins).

“It ain’t a Board of Supervisors, it is 11 supervisors,” Clemens said, noting how informed and sophisticated the San Francisco electorate is compared to many other cities. “When you try to do a broad-based attack, you frequently end up on the wrong end (of the election outcome).”

We had a bittersweet feeling watching the scene in the Castro on election night. While thousands swarmed into the streets to celebrate Obama’s election, there was no avoiding the fact that the civil-rights movement that has such deep roots in that neighborhood was facing a serious setback.

The Castro was where the late Sup. Harvey Milk started his ground-breaking campaign to stop the anti-gay Briggs Initiative in 1978. Defying the advice of the leaders of the Democratic Party, Milk took on Briggs directly, debating him all over the state and arguing against the measure that would have barred gay and lesbian people from teaching in California’s public schools.

The defeat of the Briggs Initiative was a turning point for the queer movement — and the defeat of Prop. 8, which seeks to outlaw same-sex marriage, should have been another. Just as California was the most epic battle in a nationwide campaign by right-wing bigots 30 years ago, anti-gay marriage measures have been on the ballot all over America. And if California could have rejected that tide, it might have taken the wind out of the effort.

But that wasn’t to be. Although pre-election polls showed Prop. 8 narrowly losing, it was clear by the end of election night that it was headed for victory.

Part of the reason: two religious groups, the Catholics and the Mormons, raised and spent some $25 million to pass the measure. Church-based groups mobilized a reported 100,000 grassroots volunteers to knock on doors throughout California. Yes on 8 volunteers were as visible in cities throughout California as the No on 8 volunteers were on the streets of San Francisco, presenting a popular front that the No on 8 campaign’s $35 million in spending just couldn’t counter — particularly with so many progressive activists, who otherwise would have been walking precincts to defeat Prop. 8, fanned out across the country campaigning for Obama.

“While we knew the odds for success were not with us, we believed Californians could be the first in the nation to defeat the injustice of discriminatory measures like Proposition 8,” a statement on the No on Prop. 8 Web site said. “And while victory is not ours this day, we know that because of the work done here, freedom, fairness, and equality will be ours someday. Just look at how far we have come in a few decades.”

San Francisco City Attorney Dennis Herrera, joined by Los Angeles City Attorney Rocky Delgadillo and Santa Clara County Counsel Ann C. Raven, filed a legal challenge to Prop. 8, arguing that a ballot initiative can’t be used to take away fundamental constitutional rights.

“Such a sweeping redefinition of equal protection would require a constitutional revision rather than a mere amendment,” the petition argued.

“The issue before the court today is of far greater consequence than marriage equality alone,” Herrera said. “Equal protection of the laws is not merely the cornerstone of the California Constitution, it is what separates constitutional democracy from mob rule tyranny. If allowed to stand, Prop. 8 so devastates the principle of equal protection that it endangers the fundamental rights of any potential electoral minority — even for protected classes based on race, religion, national origin, and gender.”

That may succeed. In fact, the state Supreme Court made quite clear in its analysis legalizing same-sex marriage that this was a matter of fundamental rights: “Although defendants maintain that this court has an obligation to defer to the statutory definition of marriage contained in [state law] because that statute — having been adopted through the initiative process — represents the expression of the ‘people’s will,’ this argument fails to take into account the very basic point that the provisions of the California Constitution itself constitute the ultimate expression of the people’s will, and that the fundamental rights embodied within that Constitution for the protection of all persons represent restraints that the people themselves have imposed upon the statutory enactments that may be adopted either by their elected representatives or by the voters through the initiative process.

As the United States Supreme Court explained in West Virginia State Board of Education vs. Barnette (1943) 319 U.S. 624, 638: ‘The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.'”

As Board of Supervisors President Aaron Peskin told the Guardian later that week: “Luckily, we have an independent judiciary, because the voters of California have mistakenly taken away a class of civil rights.”

But if that legal case fails, this will probably wind up on the state ballot again. And the next campaign will have to be different.

There already have been many discussions about what the No on 8 campaign did wrong and right, but it’s clear that the queer movement needs to reach out to African Americans, particularly black churches. African Americans voted heavily in favor of Prop. 8, and ministers in many congregations preached in favor of the measure.

But there are plenty of black religious leaders who took the other side. In San Francisco the Rev. Amos Brown, who leads the Third Baptist Church, one of the city’s largest African American congregations, spoke powerfully from the pulpit about the connections between the civil rights struggles of the 1960s and the fight for same-sex marriage.

The next time this is on the ballot, progressive and queer leaders will need to build a more broad-based movement. That is not only possible, but almost inevitable.

The good news — and it’s very good news — is that (as Newsom famously proclaimed) same-sex marriage is coming, whether opponents like it or not. That’s because the demographics can’t be denied: the vast majority of voters under 30 support same-sex marriage. This train is going in only one direction, and the last remaining issue is how, and when, to make the next political move.

The progressives didn’t win everything in San Francisco. Proposition H, the Clean Energy Act, was taken down by one of the most high-priced and misleading campaigns in the city’s history. Pacific Gas and Electric Co. spent more than $10 million telling lies about Prop. H, and with the daily newspapers virtually ignoring the measure and never challenging the utility’s claims, the measure went down.

“This was a big, big, big money race,” Latterman said. “In San Francisco, you spend $10 million and you’re going to beat just about anything.”

But activists aren’t giving up on pushing the city in the direction of more renewable energy (see Editorial).

Latterman said the narrow passage of Prop. V, which asked the school board to consider reinstating JROTC, wasn’t really a victory. “I would not call this a mandate. I worked with the campaign, and they weren’t looking for 53 percent. They were looking for 60-plus percent,” Latterman said. “I think you’ll see this issue just go away.”

Neither Latterman nor Clemens would speculate on who the next president of the Board of Supervisors will be, noting that there are just too many variables and options, including the possibility that a newly elected supervisor could seek that position.

At this point the obvious front-runner is Ross Mirkarimi, who not only won re-election but received more votes than any other candidate in any district. Based on results at press time, more than 23,000 people voted for Mirkarimi; Sean Elsbernd, who also had two opponents, received only about 19,000.

Mirkarimi worked hard to get Avalos, Chiu, and Mar elected, sending his own volunteers off to those districts. And with four new progressives elected to the board, joining Mirkarimi and veteran progressive Chris Daly, the progressives ought to retain the top job.

Daly tells us he won’t be a candidate — but he and Mirkarimi are not exactly close, and Daly will probably back someone else — possibly one of the newly elected supervisors.

“It’s going to be the most fascinating election that none of us will participate in,” Clemens said.

The danger, of course, is that the progressives will be unable to agree on a candidate — and a more moderate supervisor will wind up controlling committee appointments and the board agenda.

One of the most important elements of this election — and one that isn’t being discussed much — is the passage of three revenue-generating measures. Voters easily approved a higher real-estate transfer tax and a measure that closed a loophole allowing law firms and other partnerships to avoid the payroll tax. Progressives have tried to raise the transfer tax several times in the past, and have lost hard-fought campaigns.

That may mean that the anti-tax sentiment in the city has been eclipsed by the reality of the city’s devastating budget problems. And while Newsom didn’t do much to push the new tax measures, they will make his life much easier: the cuts the city will face won’t be as deep thanks to the additional $50 million or so in revenue.

It will still be a tough year for the new board. The mayor will push for cuts that the unions who supported the newly elected progressives will resist. A pivotal battle over the city’s future — the eastern neighborhoods rezoning plan — will come before the new board in the spring, when the recent arrivals will barely have had time to move into their offices.

Obama, of course, will face an even tougher spring. But progressives can at least face the future knowing that not only could it have been a lot worse; for once things might be about to get much better.

Amanda Witherell and Sarah Phelan contributed to this report.

Backroom brokers

0

› tredmond@sfbg.com

It’s not the invisible hand of Adam Smith tossing hate mail on your doorstep this fall like ugly confetti. It isn’t a distinct and independent group of candidates and civic organizations that just happen to be saying the same things, either. There is a carefully orchestrated campaign going on to undermine the progressive agenda, block affordable housing and clean energy, and give Mayor Gavin Newsom a majority on the Board of Supervisors.

It’s well funded; it’s serious; it’s based on lies — and it’s a threat to rent control, sustainable environmental policies, universal health care, the city’s living wage law, and the rest of the accomplishments and goals of the progressive majority on the board.

If that sounds overblown, listen to what the organizers of this campaign are saying themselves.

On Aug. 15, after progressives took control of the Democratic County Central Committee and installed Sup. Aaron Peskin as chair, John Keogan, the head of a year-old organization called the San Francisco Coalition for Responsible Growth, a pro-downtown group founded to counter the progressive movement, announced his intentions in a letter to allies.

"CRG are [sic] preparing for an all-out attack with other like-minded groups and now is our time to stand-up [sic] and be counted," Keogan wrote. He asked members to support "taking SF on a sharp turn to the right."

Those "other like-minded groups," according to campaign finance reports, are a Who’s Who list of downtown-based organizations that have consistently fought to roll back tenant protections and slash government spending on social services: the Building Owners and Managers Association, the Committee on Jobs, Pacific Gas and Electric Co., the Association of Realtors, the Chamber of Commerce, Plan C, and the Police Officers Association.

By law, political candidates can only raise and spend limited amounts of money. But organizations like BOMA, the Realtors, and Plan C can put as much cash as they want into supporting and opposing candidates — as long as the efforts are "independent."

But the orchestration of the attacks on supervisorial candidates Eric Mar, John Avalos, and David Chiu, and the support for their conservative rivals, Sue Lee, Ahsha Safai, and Joe Alioto, is so sophisticated it’s impossible to believe that these groups and candidates aren’t working together.

Between Sept. 9 and Oct. 20, public records show, the groups spent a combined $363,754 ($178,177 in District 1, $104,308 in D3, and $81,269 in D11) on independent expenditures attacking Avalos, Mar, and Chiu and supporting their opponents. They also spent $20,000 supporting Eva Royale in her long shot race for the solidly progressive District 9 seat.

The landlords and downtown aren’t the only ones organizing. All that spending, and the threat of even more to come considering the hundreds of thousands of dollars these downtown groups still have in the bank, has served to unite tenant and labor groups in ways unseen in previous San Francisco elections.

"There’s an unprecedented coalition between tenants and labor," labor activist Robert Haaland told us. "We’re working together to defeat the landlord candidates, who are also anti-labor."

"We have a tremendous fear that the spending and progress on health care and social services will be rolled back," Tim Paulson, president of the San Francisco Labor Council, told us. "Anything less than our candidates [being elected in each of the three swing districts] will pose a real danger to the movement."

NEWSOM’S SLATE


One of the central players in this attempt to take the city away from the progressives and hand it over to downtown is Mayor Gavin Newsom, who is actively supporting Alioto, Lee, and Safai.

Eric Jaye, the mayor’s chief political advisor, has no formal role in the three district campaigns, but Newsom rarely makes a move in local politics without consulting Jaye. In fact, when reporters call the mayor’s press office to ask for comments on local candidates and initiatives, they are typically referred to the private consultant.

Jaye told us he’s talked to all of Newsom’s candidates. "I told them to run on district issues," he said.

The mayor and the latest member of the Alioto clan to seek office (Joe’s sister, Michela, is already on the board) have walked precincts together. And Newsom is so involved with the downtown effort he’s skipping a major Democratic Party gala (where he was slated to get an award) to spend time instead with the Republican-led Coalition for Responsible Growth (CRG).

Jaye’s main job this fall is running the PG&E campaign against the Clean Energy Act, Proposition H. So far PG&E has spent more than $10 million on the effort, and that number will grow in the final week before the election. Part of that same campaign has been propping up Newsom ally Carmen Chu, who has benefited from thousands of dollars of PG&E spending on her race. Chu’s face is all over PG&E’s No on H fliers.

Another central operator is Alex Tourk, the former Newsom aide who resigned after learning that the mayor had been sexually involved with Tourk’s wife. Tourk is now running the CRG operation.

"They brought me on board to do a volunteer campaign that, yes, they funded, but which seeks to inform voters in a non-partisan fashion where the candidates in D1, 3, and 11 stand on key issues," he said.

That campaign’s goal was to get 10,000 people to mobilize — he called them, using a term popularized by Richard Nixon, the "silent majority."

Tourk maintains that door-hangers the group has been distributing don’t endorse any candidates or push any initiatives. But the messages fit exactly with the overall downtown strategy — they seek to discredit the progressives by linking them with controversial ballot measures such as Proposition V, which would urge the School Board to save the military recruitment program, JROTC.

The supervisors have nothing to do with JROTC, but downtown and the Republican Party are using it as a wedge issue.

CRG is facing some political heat of its own: SF Weekly reported in its Oct. 22 issue that CRG’s recently elected president, engineer Rodrigo Santos, accepted money for professional work from someone who had business before the Building Inspection Commission while he served as commission president. Santos is a Republican, like several key Newsom appointees.

Making matters worse are revelations that Mel Murphy, vice president of the inspection commission and a CRG member, distributed invites in City Hall to an Oct. 17 CRG fundraiser for Safai and Alioto. City officials aren’t supposed to do political work at City Hall.

Alioto’s filings show that on Oct. 17, he received $500 from the firm of Santos and Urrutia’s structural engineer Kelton Finney and $250 from S&U engineer Calvin Hom.

PG&E’S FAKE DEMOCRATIC CLUBS


Political consultants Tom Hsieh Jr. and Jim Ross are involved in the District 1 race (Hsieh also responded to the Guardian on Safai’s behalf) — and are using PG&E and downtown money to support Sue Lee.

Beyond Chron reported Oct. 27 that Hsieh has been sending robocalls in Cantonese to voters saying that Lee is endorsed by the "San Francisco Democratic Party Club." Actually, the Democratic Party endorsed Mar.

What is this new "party club" anyway? Well, the Web site reported, the club started raising money just two weeks ago, and already has collected $30,000 from PG&E, $2,000 from the Chamber of Commerce, $5,000 from GGRA (Golden Gate Restaurant Association), and $70,000 from the Committee on Jobs. Another new club, called the Richmond Reform Democratic Club, is opposing Mar — and has $18,000 from the Committee on Jobs, $5,000 from PG&E, and $2,000 from BOMA.

In television ads paid for by the Realtors, a voiceover tries to link Mar, Avalos, and Chiu to Sup. Chris Daly, whose popularity outside his district is low — although neither Mar nor Chiu has much of a discernable connection to Daly. Avalos was a Daly City Hall aide.

One of the Realtors ads was so utterly inaccurate and deceptive — it claimed Chiu and Avalos support decriminalizing prostitution, when both have publicly opposed the decriminalization ballot measure — that Comcast pulled the ad off the air when Chiu filed a complaint.

Fog City Journal uncovered what appears to be illegal collusion between the police union and Safai. Although candidates are barred from coordinating with groups making independent expenditures on their behalf, POA president Gary Delagnes told FCJ editor Luke Thomas that Safai had given the group a photo of him to use on a mailer, a copyrighted image that Thomas took. Safai denied wrongdoing, but refused to answer further inquiries about the matter.

It’s a pitched battle — labor, the tenants, and the Democratic Party against the landlords, PG&E, downtown interests, and the Republicans. It’s pretty clear which side you want to be on.

Steven T. Jones, Sarah Phelan, and Amanda Witherell contributed to this report.

Downtown’s planner

0

> amanda@sfbg.com

The battle for the district 1 supervisor’s seat is being framed largely by politically conservative groups, funded by real estate and development, that are spending thousands of dollars supporting former planning commissioner Sue Lee over school board member Eric Mar.

An incestuous web of independent expenditure and political action committees have collectively spent enough against Mar to blow the $140,000 cap off the voluntary expenditure ceiling that all the candidates in that district agreed to.

The money’s coming from the Building Owners and Managers Association, Plan C, the Coalition for Responsible Growth, and the San Francisco Association of Realtors. Although these groups can’t legally work directly with candidates, they typically swap funds among each other and receive outside support from the deep pockets at the Chamber of Commerce, Committee on Jobs, and Pacific Gas and Electric Co.

According to Ethics Commission executive director John St. Croix, the $140,000 cap was lifted on Friday, Oct. 24, which means the candidates are now free to spend up to their individual campaign limits, which are different for Lee, Mar, and Alicia Wang, the other major contender for the seat.

All three are receiving public financing — but so much outside money is being spent in support of Lee that, to keep pace, the individual spending caps for Mar and Wang have been raised and are now higher than Lee’s.

AGAINST THE NEIGHBORHOODS


Lee, who worked for Willie Brown’s mayoral administration and was public relations director for the Chamber of Commerce, now runs the Chinese Historical Society of America. Her voting record on the Planning Commission has been consistently pro-development and anti-neighborhood. Some examples from her final months on the commission:

<\!s> On April 10, 2008, she approved a mixed-use development at 736 Valencia St. and removed community benefits and below-market-rate unit requirements — against the wishes of community members and housing rights activists.

<\!s> On March 27, 2008, she was the only commissioner to vote against modifications to a rooftop remodeling project at 1420 Montgomery St. that would have pacified neighbors concerned about the scale and character of the plan.

<\!s> On March 13, 2008 she supported a conditional-use permit for a formula-retail paint store at Cesar Chavez and South Van Ness despite concerns about its effect on nearby small businesses.

<\!s> On Feb. 28, 2008, she approved a remodeling of a two-story flat on Potrero Ave. that opponents, including the next-door neighbors, characterized as a demolition in disguise.

"Her voting record for the past three years is crystal clear," one lawyer who represents neighborhood interests at the commission told us. "Given a choice between supporting neighborhood interests, long-term residents and the interests of the little guy or supporting development interests and the big- money people who are busy in our residential neighborhoods, she chooses the latter every time."

The lawyer, who regularly appears before the planning panel and asked not to be named, added: "She has supported big-box retail in our neighborhoods over the objections of neighbors. She has supported the destruction of rent-controlled housing and low-scale, more affordable housing that is being remodeled out of existence."

"She’s a total pay to play," said Robert Haaland, a labor activist with Service Employees International Union Local 1021, which is deeply vested in independent expenditures supporting Mar. "Her donations can be tracked back to decisions she made as planning commissioner."

For example, Lee voted in favor of a plan by Martin Building Company to convert a city-owned building on Jessie Street into 25 luxury condos that now rent for about $3,000 a month. Martin’s owner, Patrick McNerney is a Lee campaign donor. Also contributing to Lee is Eric Tao of AGI Capital, which helped finance the Soma Grand development, a project opposed by sustainable growth organizations like Livable City, the San Francisco Bicycle Coalition, Walk SF, and the Sierra Club. Lee voted in favor of it.

In 2006, Lee approved lifting the downtown height restrictions from 150 feet to 250 feet for a 189-unit building with ground level retail on Howard Street. The project sponsor, Ezra Mercy, gave Lee’s campaign the maximum legal donation of $500.

In fact, her campaign has received thousands of dollars in individual contributions — and according to our analysis, more than half has come from real estate developers, attorneys, and builders, including some who appear frequently before the Planning Commission, such as executives from Wilson Meany Sullivan, CB Richard Ellis, and Millennium Partners.

Lee did not return a call seeking comment.

MISLEADING THE VOTERS


The same day the spending cap was lifted, Mar alleged the local Democratic Party’s name was being improperly used by a new group calling itself the "San Francisco Democratic Club." First reported by Paul Hogarth on the online news site BeyondChron, the club is apparently composed of Democratic County Central Committee defectors who disagreed with the party’s endorsements for the Nov. 4 election.

The group’s treasurer, Mike Riordan, is also a deputy political director of PG&E’s Stop the Blank Check Committee, which is mounting the $10 million campaign against the Clean Energy Act. PG&E gave $30,000 to this new democratic club, the members of which have not been revealed.

Riordan hired DCCC member Tom Hseih’s firm to send robocalls in Cantonese to Asian voters urging support for Lee over DCCC-endorsed Mar. The endorsement script referred to the group as the "San Francisco Democratic Party Club." Mar said it was a misleading way to align this new club with the DCCC.

When asked if the club’s use of the Democratic Party name and membership to support candidates and issues that haven’t received the party’s vote was their intention, Hsieh told the Guardian, "Yeah, and you know what? That’s covered under the First Amendment."

Sup. Aaron Peskin, who chairs the DCCC and spoke on its behalf in support of Mar at two recent rallies, said, "at minimum, it’s misleading. At maximum it’s a violation of the party rules and punishable by removal." He said there was a credible argument and evidence supporting Mar’s allegation, but that it’s something the DCCC would have to deal with in its own house, likely after Nov. 4.

Following the money, made easy

1

By Steven T. Jones

The San Francisco Ethics Commission takes a lot of heat (some of it from us), but the employees there have created a great resource for easily following the independent expenditures that are seeking to buy the Board of Supervisors on behalf of the city’s wealthy interest groups, an effort that bodes ill for the San Francisco’s workers and renters.

Groups that include the Building Owners and Managers Association, Citizens for Responsible Growth (a new conservative group formed to counter “the left” that in an August letter pledged “an all-out attack with other like minded groups”), the Association of Realtors, and the Police Officers Association have spent more than $363,000 attacking progressive candidates and supporting their candidates in the swing districts of 1, 3, and 11. As the Guardian reported last week, some of that money originally came from other downtown players, including the Chamber of Commerce, Committee on Jobs, and Pacific Gas & Electric.

The groups aren’t legally supposed to be coordinating their “independent” efforts, either with each other or with the candidates, but the timing of their expenditures seems to suggest they are ensuring a steady, unrelenting drumbeat of political propaganda.

As the chart shows, the progressive supervisorial candidates — Eric Mar, David Chiu, and John Avalos — are also receiving some helpful independent expenditures from the San Francisco Labor Council and the San Francisco Democratic Party. So forget all these distracting nonsense involving Chris Daly, Gavin Newsom, JROTC, and prostitution — who are you going to vote for, the candidates backed by Democrats, environmentalists, and workers, or those pushed by Republicans, landlords, and big corporate interests? The choice is yours.

Downtown’s dirty tricks

5

By Steven T. Jones

So everyone knew that downtown financial interests (such as the Committee on Jobs, Chamber of Commerce, Police Officers Association, the Association of Realtors, BOMA, PG&E, etc., not the mention their enablers at the Chronicle and Examiner) would be spending big money this election to try to buy the Board of Supervisors. And we knew they’d fight dirty, particularly in the swing districts of 1, 3, and 11.

But a couple of revelations from the past 24 hours show that the attacks that are filling mailboxes and the airwaves aren’t simply dirty – they’re dishonest, unethical, and perhaps even illegal. The Fog City Journal stumbled onto a great story that appears to show illegal political collusion between Dist. 11 supervisorial candidate Ahsha Safai (the real estate developer candidate of Mayor Gavin Newsom who refused our request for an endorsement interview and won’t return our phone calls) and the POA.

And the Chronicle reports on the complaint that Dist. 3 candidate David Chiu filed with the Ethics Commission after a television ad falsely claimed that he supports legalizing prostitution, despite his consistent opposition to Prop. K, the ballot measure that would do so. The commercial and several mailers also falsely claim that Dist. 11 candidate John Avalos still works for Sup. Chris Daly, who downtown is trying to make the poster child for all that’s wrong with San Francisco.

Of course, PG&E and downtown’s bagman, attorney Jim Sutton, have already been the subject of the biggest fines that the Ethics Commission has ever levied for illegal campaign behavior. So perhaps they’re content to just keep lying now and worry later about paying fines with their seemingly bottomless reservoirs of cash.

Follow the JROTC Money

11

You might think that the main money behind the campaign to keep JROTC in the San Francisco United School District is flowing directly from the military.

You’d be wrong.

Think Gap, PG& E and the San Francisco Association of Realtors, instead.

They are among the top contributors to a political committee that is supporting Proposition V, which is the measure on the November election that seeks to keep JROTC in the SFUSD beyond June 2009.

Here are the top five contributors to Choice for Students, the pro Prop. V committee in the November election cycle:

1.SF Chamber of Commerce 21st Century Committee: $20,500.
2. Donald Fisher, Gap, Chairman Emeritus: $20,000.
3. Plan C, San Francisco PAC: $10,000.
4. PG&E Corporation: $7,500.
5. SF Association of Realtors: $7,499.

To put those figures in a deeper political and financia; context, check out the next top six largest contributors:

6. SF Police Officers Association: $5,000
7. Keith Phillips, Founder, Project Homecoming: $500
8. Gerald Paratore, Teacher, SF United School District: $300.
9. SF Chapter, Military Officers Association of America: $250.
10. Gwen Chan, Retired: $200.
11.. Elko Council Navy League: $113.

Choice for Students committee treasurer Quincy Yu gave her explanation of why these organizations are backing Prop. V.
“This is not about the military,” Yu said. “It’s about the 1,600 students who used to be served by the JROTC program, 90 percent of whom are minority students. It’s about preserving programs that work for our kids. If our school systems are not robust, they don’t attract middle class, who are then not going to stay in the City.”

With a son attending a SFUSD high school, Yu makes an articulate spokesperson for the Prop. V campaign, even if her own son decided not to enroll in JROTC, choosing football, instead.

Yu points to what she calls the hypocrisy of SFUSD buying food from the Department of Defense, while trying to drum JROTC out of town.

Which brings us back to questions of who really pays for JROTC to be in our schools. As it happens, the US Department of Defense pays 50 percent of the JROTC’s teachers’ salaries and 100 percent of JROTC’s supplies. So, even if it’s not making campaign contributions, the military does majorly underwrite the SFUSD’s JROTC program, all year round.

For rent sale

0

› news@sfbg.com

Luz Moran, 75, fingers through a shoebox full of certified envelopes from her landlord’s attorney, squinting at the English words. She’s sitting on a red couch in the living room of her modest Mission District apartment, her feet barely touching the floor.

"This is another check he sent me, look," she mutters in Spanish, pointing out two checks amounting to $3,752.85. The money was sent along with an Ellis Act eviction notice, the first half of the $7,500 in relocation benefits city law requires be given to elderly or disabled tenants who are removed through the state law (if the tenant is not elderly or disabled, the landlord only needs to provide them with $4,500).

"I don’t know what we will do. Other apartments are expensive, and we can’t afford them," Moran says. The money is barely enough to cover moving costs and the first month’s rent at another place, she says, adding, "I don’t think this landlord is dying because of lack of money."

The eviction was not her landlord’s first attempt to move Moran, along with her 92-year-old mother and her son, from their two-bedroom apartment. In May 2006 he offered to sell them the unit for a discounted rate of $310,000, which was out of the family’s price range. Then he suggested a buyout agreement so they would leave voluntarily, but said he couldn’t offer much more than the Ellis Act’s required compensation. After the initial attempt to subdivide the building and all other negotiations failed, the landlord finally issued the eviction. He now wants to sell the units as tenancy in common apartments. But the Morans — and some other tenants in the building — are refusing to cash his checks.

"Because if we accept the money, it says that we are willing to leave here," Moran says.

The word eviction brings back bad memories for many residents of San Francisco, where the number of people thrown out of their homes numbered 2,878 in 1999. Then, at the height of the dot-com era, long-term renters were booted to make room for higher-paying tenants and out-of-towners prepared to buy six-figure homes.

But Moran’s story highlights two new additions to the renter woes that fill the San Francisco Tenants Union these days: landlord buyouts and a surge in TIC homeownership. With San Francisco’s housing prices on a seemingly perpetual upswing, it’s no wonder TIC ownership has increased twelvefold in the past decade. In 1996, 55 TIC units were sold through the San Francisco Multiple Listing Service, and in 2006 that number rose to 650, according to Realtor groups.

At first glance, it looks as if this trend should answer the prayers of middle-class families while avoiding an increase in no-fault tenant evictions. The city’s total evictions have been going down since 2001, hovering around 1,500 since 2003. But over the past five years Ellis Act petitions have slowly picked up, then petered off again, according to Rent Board data. And Ted Gullicksen, office coordinator at the Tenants Union, says these numbers don’t take into account relocation as a result of unregistered buyouts and threats, which can often lead to TIC ownership.

Each weekday at the Tenants Union dozens of renters shuffle through the doors, plop into mismatched chairs, and wait for hours to spill their complaints and legal paperwork onto the desk of a volunteer counselor.

"We’re pretty busy here at the Tenants Union," Gullicksen says on a Friday afternoon during counseling hours. "It’s pretty close to what it was during the worst of the dot-com years."

Gullicksen reports an increase in the number of threats and buyouts of tenants in the past year. He attributes that to 2006 legislation passed by the San Francisco Board of Supervisors prohibiting the conversion of buildings after the eviction of elderly or disabled tenants or multiple units. By avoiding putting an Ellis Act or other no-fault eviction on the record, the landlord can eventually convert the building into a condominium because its history hasn’t been tainted.

A building with no eviction history goes for more on the MLS, according to Gullicksen, which explains why landlords are willing to pay up to $60,000 for a "voluntary" tenant relocation. The private landlord-tenant agreement may be lucrative to the individuals involved, but it results in an almost undetectable loss of an affordable rental unit.

Gullicksen says it’s impossible to determine how many tenants relocate due to buyouts on a citywide level, but about 60 people seek help with one at the Tenants Union every month. Most tell a similar tale: A developer or landlord will offer between $2,000 and $60,000 to tenants to voluntarily vacate. The tenant may ask for a higher sum, and they’ll negotiate back and forth. Eventually, the tenant may be either bought out or evicted.

"It’s a game of chicken, really," Gullicksen says.

The loss of rental units at the hands of TICs or buyouts is not a small matter in a city where two-thirds of residents are renters (on the national level only 34 percent of housing units were rentals in the year 2000), and there is already a shortage of affordable housing.

US Census data show that San Francisco lost 18,474 rental-occupied housing units between 2000 and 2006. And the city isn’t doing much to plug the drain. According to the Planning Department, 13,795 new units have been built and ready for occupancy since 2000, and approximately 12,600 of those are condominiums.

Although the terms "TIC" and "condo" are often used interchangeably, they’re legally different. TICs follow a shared-homeownership model involving one deed and multiple live-in shareholders. They aren’t registered or restricted by the city, whereas condominium conversions are capped at 200 a year. Most notable is the price differential: TICs go for about $200,000 less than a median-priced condominium in San Francisco, which currently runs at $783,000, according to the San Francisco Association of Realtors.

TIC owners typically buy in hoping to raise their property’s value by eventually converting their units to condos through the city’s lottery system. Proponents call TICs one of the city’s only affordable homeownership options. Critics call them a loophole in condo conversion restriction laws.

Radhi Ahern, managing partner and broker at the TIC Group, doesn’t apologize for buyouts to make room for TICs. She acknowledges that TICs are obtained through financial negotiations with tenants.

"It’s the tenant’s choice on whether they get a buyout or don’t take a buyout. And it’s sometimes very lucrative," Ahern says from her spacious Union Street office. "I can honestly say nobody’s given me $25,000 to $50,000 to move into a place…. It’s a win-win situation."

A number of recent changes have increased TICs’ popularity, Ahern says. At first they were financially risky — with multiple people on one mortgage, everyone is affected if one defaults. But in recent years banks have taken on more responsibility through individualized loans to TIC owners. Ahern adds that there are virtually no foreclosures on TICs.

"With the advent of fractional financing, we’re going to see more and more people adopting TICs, just like co-ops were adopted in NYC," Ahern says.

In a city where about 90 percent of residents can’t afford a median-priced home, TICs are lifesavers to people like Scott Ozawa. The recently divorced 31-year-old father of two toddlers makes six figures at a dot-com but says buying into a Western Addition TIC was the only way he could own the home he wanted in San Francisco. Evictions shouldn’t be blamed on TIC owners, he says, but on the city’s faulty housing system and lack of new development.

"The lower-income and the middle-income folks are all vying for the same resources," Ozawa says. "But middle-income folks have more options that are open to them."

Meanwhile, Moran and her family plan to stay in the rent-controlled apartment she has lived in for 35 years and might have to fight an unlawful-detainer order in court this month. She says she likes her place — the neighbors all know one another, she’s close to transit, and her apartment’s thick walls offer protection from earthquakes. The family pays only $507 per month, less than one-fifth the average rate for a two-bedroom apartment in San Francisco, according to the Tenants Union.

In September the Morans and other tenants at their apartment held a support rally outside their building, catering it with sandwiches and juice they prepared. Four elderly female tenants lined up on the front steps, taking turns speaking to the few dozen onlookers. Moran’s upstairs neighbor took out her oxygen tube to speak into a bullhorn. Moran stood beside her, later clapping along to a guitar-strumming activist singing, "Yuppie, yuppie stole my pad! Yuppie, yuppie, bad, bad, bad." As she smiled and mouthed the words in a language she doesn’t speak, a young couple wearing bandannas and carrying what looked like art supplies exited the building next door. They glanced toward the crowd with confused, down-turned brows but didn’t break their stride as they walked off the steps in the opposite direction.

Bechtel and Newsom: a fine pair

0

What do Newsom and Bechtel have in common?

They both oppose Prop. E, which requires the next Mayor of San Francisco to appear before the Board of Supervisors for public policy discussions.

Up until now, Newsom has been framing Prop. E as work of Sup. Chris Daly that will only lead to “political theater.”

Then, boom, four days before the election, Bechtel goes and plonks down $5,000 to defeat Prop. E, on top of the last-0minute plonking down of $10,000 from Republican Warren Hellman, $20,000 from the San Franciscan Association of Realtors, $25,000 from the Committee on Jobs Government Reform Fund, and $1,000 from socialite Dede Wilsey.

Looking at all these “No on E” money bags, it’s hard not to conclude that what Newsom’s No on E “Let’s Really Work Together Coalition” is really working together on is avoiding having to publicly debate tough issues, like the lack of affordable housing, or the rising tide of violence, or mental health issues among the homeless–issues that folks who aren’t millionaires and realtors would like to see their elected representatives hash out with the Mayor, but that rich folks can chat privately with the Mayor over fund raising dinners.

What’s bizarre about all this is that when you actually get Newsom talking, he seems perfectly capable of carrying out a well-argued and coherent debate.

So why don’t his handlers want their boy to be drawn into public debates? Could it be that they understand that once you get drawn into an argument, and express your opinion, people will take sides? That’s it safer to maintain a remote, inaccessible position, while you prepare for the next big thing, like governor, senator, or President?

But this is San Francisco, where people thrive on debate. So here’s hoping that the next Mayor of San Francisco spares us the fake question time and does as voters requested last fall: show up before the Board and answer their gosh darn questions.

Lennar’s Bad News Bears

0

image002.jpg
Marc McGuire, a tile contractor from San Diego, and CALPASC’s Brad Diede on CNBC this spring to discuss accusations that Lennar has been extorting its contractors

A few months ago, we reported how Lennar had been giving contractors a choice between a rock or a hard place: reduce their unpaid invoices by up to 20 percent—or be excluded from bidding work for a minimum of six months.
Today comes word that the company, which is poised to build condos on most of San Francisco’s underdeveloped lands, including Bayview Hunter’s Point and the decommissioned Hunters Point Shipyard, has just posted a second quarter loss–and it is expecting more losses this year.
Blaming high inventories and dropping real estate prices, and with his company reporting losses of $1.55 per share, Lennar President and Chief Executive Stuart Miller announced, “As we look to our third quarter and the remainder of 2007, we continue to see weak, and perhaps deteriorating, market conditions.”

This time last year, the nation’s biggest home builder was posting a profit of $324.7 million, or $2 per share. But Lennar not alone in its real estate woes. As its quarterly revenue slips 37 percent to $2.88 billion (compared to $4.58 billion this time last year,) the National Association of Realtors reports that sales of existing homes fell for a third straight month in May, the median sales price declined for a record 10th consecutive month and the inventory of unsold homes reached its highest level in 15 years.

Or as Miller put it, ” The supply of new and existing homes has continued to increase resulting in declining home prices across our markets.”

And here comes the part that should really sound the alarms in San Francisco, where a large number of subcontractors look to Lennar for their daily bread. Asked what Lennar intends to do about its financial picture, Miller said his company is “focused on expenses, reducing construction costs and pushing sales to manage inventory.”

With Mayor Gavin Newsom having hastily amended the BVHP redevelopment plan so the Navy could hand the hazardous shipyard over to Lennar for clean up, (despite the company’s ongoing problems monitoring asbestos dust on an adjacent parcel of land), all so he can try and keep the 49ers in town, here’s hoping all the agencies that regulate and oversee Lennar, and not just the local impacted communities, will be watching this project like hawks.

MCMAF: Lost and Gowns

0

> kimberly@sfbg.com

You can’t put your arms around a memory, as one hopeless rock ‘n’ roll soul once sang, but you can ponder a memory’s origins, observe its manifestations, and perhaps even embrace its spectral aftereffects. So it goes with Gowns’ Ezra Buchla, who currently lives with bandmate Erika Anderson in the North Berkeley "towering, crumbling Grey Gardens-style Victorian manse" where he was born. "I’ve lived in this house my whole life," he says quietly. I’ve interrupted his late afternoon soldering on a modular synthesizer – another day’s work with his father, synthesizer inventor Don Buchla. "I’ve had a lot of strange experiences, real or imaginary."

He says he’s had dreams about a woman who was buried next to his house, beckoning him over to her final resting place or hanging off the roof by her fingertips in front of a window. Another time he discovered himself in the grip of a hallucination about an agoraphobic woman who locked herself in the attic till she starved to death. He then heard laughing echoing from that floor. Footsteps have also been heard on the floor above. And one night as a child, he woke up and saw that the trapdoor to the attic, above his bed, had disappeared. "My dad ignores it, but it’s hard to," Buchla says. "For example, when the trapdoor disappeared, he said it was moved by rats, which seems impossible to me. It’s too big and too firmly attached to the ceiling."

The stories sound like the stuff of Realtors’ nightmares. Yet not surprisingly, Buchla doesn’t mind the mysterious appearances – and disappearances – at all. "I like it here. It’s pretty special."

Gowns’ music, likewise, dares to venture into alien haunts, the eerie intersections between past and present, the strange spaces where AOR rock meets the avant-garde, places where the trio, which includes percussionist Corey Fogel, finds quiet beauty and moments of bristling cacophony. That much is evident on Red State (Cardboard), on which former Amps for Christ guitarist and oscillator manipulator Anderson and ex-Mae Shi vocalist Buchla, who studied composition at Oberlin College and the California Institute of the Arts, speak in spooked whispers over fragile bits of noise and through folk-song filters.

When the pair started the band, Anderson says, "we didn’t really have grand ideas. We were just kind of hanging out a lot, and we thought, let’s record really simple things in our bedrooms. But we did want to use technology to play with sound forms and make things textural and use digital editing as a composition tool."

"The funny thing is that our knowledge base for music is almost completely opposite," Anderson says, going on to describe their recent 15-minute live "noise valentine" version of Bruce Springsteen’s "I’m on Fire" with Carla Bozulich. "I can sing almost any song on classic rock or AOR stations. I have all that oldies history or dumb classic rock history. Whereas Ezra’s got a knowledge of all the new music composers and history. When we met, there was barely anything that was similar. Now they overlap more and more." May those meetings be happier – and as dramatic – as that visitor dangling from the roof. *

GOWNS

With Bran … Pos, Kristin Miltner and Cliff Caruthers, Anti-Ear, and Core Ogg the Cool Man and Paul Baker

May 19, call for time and price

Lab

2948 16th St., SF

(415) 864-8855

www.thelab.org

Who’s attacking Daly?

1

By Tim Redmond

When we last checked in with SFSOS, Ryan Chamberlain, the field director, was insisting that District 6 candidate Rob Black was about to be attacked by Sup. Chris Daly’s big union backers. Poor Rob had been running such an honest, grassroots campaign. I finally heard from Chamberlain about this utterly hypocritical lie; he said he has “no comment,” but went on to press the point that Black was the underdog up against Daly’s dirty machine politics.

So just for the record, I would like to remind everyone just who is on what side in District 6.

For starters, the attack mailers against Daly are plentiful. There’s a partial collection here. Who’s paying for this wave of negative ads?

Well, there’s the Golden Gate Restaurant Association, which is mad at Daly for supporting a living wage for local workers.

There’s the Building Owners and Managers Association, which is mad that Daly supports downtown parking taxes, limits on parking in the most congested areas and overall requirements that the biggest property owners pay their fair share of the tax burden.

There’s SFSOS itself,which is funded by Republican Don Fisher and is against every progressive program in the city.

And “Citizens for Reform Leadership,” which put out a huge, slick attack piece earlier this fall. This is a Fisher-funded group put together by political lawyer and fixer Jim Sutton.

Oh, and the Board of Realtors, the Police Officers Association … all sorts of powerful interests that don’t want someone on the board who can’t be cowed by them.

So don’t buy this crap that Rob Black is just a grassroots candidate up against the “machine.” If the city employee unions come in a the end, it will only be because they see one of their friends under a savage attack and they have no choice but to respond.

Ma’s moneybags

0

› amanda@sfbg.com

As many predicted, late independent expenditures on behalf of District 12 California Assembly candidate Fiona Ma are flooding into the race, aimed at tarnishing her opponent, Janet Reilly, with Web ads, TV spots, and mailers. To date, more than $750,000 has been spent by nine IE committees supporting Fiona Ma. In addition to the million dollars flowing through her campaign’s piggy bank, that bumps her into the bucks-deluxe category of the 2006 primaries.

More than $500,000 comes from the Sacramento-based Leaders for an Effective Government, which got its initial funding from Ma’s former boss and current political benefactor, powerful former senator John Burton. The other eight IEs are Californians United, Professional Engineers of California Government, Cause Law Enforcement Independent Expenditure Committee, San Francisco Association of Realtors, Peace Officers Research Association, Committee for a Better California, Teachers United with Firefighters and Correctional Officers, and Asian American Small Business PAC. All are based in Sacramento or Los Angeles and have an incestuous web of contributing organizations, in some cases with the same contact information (none of which returned Guardian phone calls).

The Reilly campaign made a big stink back in April when Leaders for an Effective Government spent $33,000 on pro-Ma mailers. The campaign filed complaints on April 27 with state attorney general Bill Lockyer, San Francisco district attorney Kamala Harris, and the Fair Political Practices Commission, claiming an illegal connection between the IE, Burton, and the Ma campaign. It still stands by those concerns, citing a state law that bans coordination between an IE and the campaign its spending benefits.

"Bullshit," Burton told the Guardian when asked about the complaints filed by the rival campaign. As far as his relationship to Ma’s campaign goes, he said, "I don’t have a fucking story. I’m helping her campaign." He claimed no connection to the half million spent on her behalf, but did admit to being a big early benefactor of Leaders for an Effective Government.

Ma is benefiting from the lion’s share of that IE’s spending, although it also spent $33,900 on the Johan Klehs campaign for California Senate. While Districts 18, 45, and 69 are seeing a lot of financial activity, no other Assembly race comes close to touching Ma’s IE total, with the second highest clocking in around $300,000.

"It could be the most expensive primary race ever," Bob Stern, president of the Center for Governmental Studies, told us.

While an IE’s intervention probably isn’t illegal, "it has made campaigns dirtier," said Theis Finlev, a policy advocate for Common Cause. IEs have found new life breathing the polluted air of Proposition 34, passed in 2000 with the good intention of capping amounts of campaign contributions to control the financial investments of special interests. Unlike with campaigns, there’s no limit on how much an individual can contribute to an IE.

"The point of limits is to look like you’re not beholden to anyone, but this is a huge economy with many interests concerned about what happens in Sacramento," said Finlev. In addition to having no spending limits, IE committees disclose contributors at different intervals from campaigns and typically don’t start spending money until weeks before the election.

"It’s like a shell game," Finlev said. "Wealthy contributors can hide until after the election is over."

When asked about the money IEs are spending for Ma, campaign spokesperson Tom Hsieh aligned it with Reilly’s use of personal finances. "Janet and Clint Reilly have spent over $300,000 to date. They’ll probably spend another $400,000 to $500,000 by the end of the election," he conjectured.

Reilly spokesperson Eric Jaye said it was unlikely they’d spend much more: "She’s near the limit. If she has to search the couches, she will."

"We’ve been outspent in the last four weeks at least two to one," Reilly told us. She hopes to keep up financially, but she was critical of the contributing sources of the IEs. "It’s the tobacco lobby, the liquor lobby, large developers, gaming industries, spending unprecedented amounts of money getting Fiona Ma elected."

"I believe the campaigns are equalized by those contributors," Hsieh said, but claimed no control over any of them. "Fiona does not support any of those industries." He said there wasn’t much they could do about the fortuity of hundreds of thousands of dollars being spent to support Ma.

"People in this district should be making the decision," Reilly concluded. "Not the Sacramento insiders." SFBG

The political puppeteer

0

By offering envelope-pushing legal and political advice at key moments in the fall campaign, attorney Jim Sutton was perhaps the single most influential individual behind the victories of Mayor Gavin Newsom and District Attorney Kamala Harris.
In the process, Sutton solidified his reputation as the dark prince of San Francisco elections, a hired gun who helps downtown interests and well-funded campaigns continue to dominate the electoral field even after voters passed reforms that restricted campaign giving and spending and required more official disclosure.
“He knows more election law than anyone, and he knows it better than anyone else,” local political consultant David Looman told the Bay Guardian. “He is the guy you call.”
New era, new player
Sutton, 40, stepped on the political stage just as voters were going to the polls in the fall of 1997 to demand more transparency in campaigns, a reaction to the leadership of Mayor Willie Brown and the dealings of powerhouse consultants like Jack Davis and Robert Barnes. At the time Sutton worked for Nielsen, Merksamer, Parrinello, Mueller, and Naylor, a Mill Valley firm that specializes in election law.
Sutton took on mostly big-money campaigns backed by downtown interests — such as Brown’s 1999 reelection and Pacific Gas and Electric Co.’s successful, multimillion-­dollar bids to squelch the public power movement in 2001 and 2002. Highly versed in the minutia of campaign finance law, he became a major player in electoral politics in San Francisco — and across the state.
“He is one of a small handful of very influential political law attorneys who typically represent moneyed, influential candidates,” California Common Cause executive director Jim Knox told us. “And he seems to be on something of a crusade right now.”
A search of the San Francisco Ethics Commission’s online database shows that over the past six years, Sutton has acted as treasurer or in another legal capacity for at least 20 campaigns and counts such heavily funded political action committees as the Golden Gate Restaurant Association, the Alice B. Toklas Lesbian Gay Bisexual Transgender Democratic Club, and the San Francisco Association of Realtors among his permanent clients. For that work, which doesn’t include the fall election, he earned at least $750,000.
Many of the city’s progressive activists and leaders see him as a dark agent — a tool only well-heeled interests can hire to navigate regulatory loopholes in order to spend as much as possible, even it means pushing the limits of the law, to sway voters.
“He’s an opportunistic lawyer who works against populist issues,” Sup. Tom Ammiano said.
Moreover, activists and state campaign finance experts say, he exerts an extraordinary level of influence over the city’s campaign regulators, including the top staff at the Ethics Commission and the deputy city attorneys who work with that agency.
“He is a high-powered fixer who has relationships with people in power that let him deliver for his clients in a way that leaves the less-connected among us flabbergasted,” said Marc Solomon, a Green Party member who worked on Sup. Matt Gonzalez’s mayoral campaign.
For his part, Sutton says that’s nonsense.
“There’s absolutely no proof or evidence of that,” Sutton told us. “I’m a professional, and I don’t want special access. I don’t need it, because I have a knowledge of the law.”
Rising to the top
By the time Sutton left his old firm last May to create Sutton and Associates, he had sealed his reputation as a go-to guy and counted among his clients the man who would be mayor. Sutton was everywhere. Consider:
• Having lawyered Newsom through the embarrassing flap in early 2003 over the $1 million loan from mentor Gordon Getty that (whoops!) Newsom neglected to disclose on his economic interest statements, Sutton served as treasurer to the Marina District supervisor’s mayoral campaign.
• When district attorney candidate Harris’s consultants realized their client was facing disaster if they couldn’t get her out of a legally binding pledge she signed in January 2003 to abide by the spending limits set in that race, they summoned Sutton, who got her out of the jam. The Ethics Commission’s decision to lift the spending limit was one of the agency’s most egregious acts in years and was truly an extraordinary event, activists say. It allowed Harris to spend hundreds of thousands of dollars to get past Bill Fazio in the runoff and eventually beat incumbent Terence Hallinan.
• Sutton handled the regulatory filing procedures for the California Urban Issues Project, a nonprofit lobbying outfit that churned out campaign mailers slamming Hallinan and mayoral contender Gonzalez for, among other charges, an unwillingness to crack down on the activities of homeless people. Though the group’s status prevents it from taking positions on candidates, the mailers clearly favored one candidate over the other. However, since the pieces didn’t actually include a “vote for candidate X” command, they fell within the bounds of the law as recently interpreted by the appellate courts, Sutton told us.
“What I do is say, ‘I am the lawyer. It’s my job to say this is what the law says. This is what it does or doesn’t allow,’ ” Sutton said. “It’s not about any kind of ideology on my part.”
• Sutton also served as treasurer for the campaigns behind two successful measures funded by downtown interests: the clean-streets initiative (Proposition C) and the controversial anti-panhandling legislation sponsored by Newsom (Proposition M). Interestingly, Harris particularly benefited because of her support for Prop. M. San Francisco pollster David Binder told us in December that her position on Prop. M helped her win over much of Fazio’s base and was key to her victory.
• Sutton’s expertise helped Newsom and Harris raise money in larger chunks during the runoff than they might otherwise have done. That’s because Sutton is keenly aware of a detail in the city’s campaign finance law that says if a candidate carries “accrued expenses” from the general election to the runoff, that candidate can collect $500 (instead of $250) from contributors. He should be — the ruling came as a result of his suggestion to local regulators.
For practical purposes, it can become a matter of shuffling the books. Newsom and Harris had so much cash behind their candidacies that it’s tough to believe they had any real debt. And in the case of at least Newsom, the amount of “debt” certainly seemed to be a moving target.
Shortly after the general election, Newsom campaign manger Eric Jaye told us he thought Newsom bore roughly $30,000 in accrued expenses. But when the campaign filed the paperwork, Newsom showed $225,322 in unpaid bills (see “Tainted Dough,” 12/03/03).
Neither Hallinan’s nor Gonzalez’s campaign took advantage of this provision in the law, even though Gonzalez treasurer Randy Knox brought it to the candidate’s attention. Gonzalez told us at the time that he didn’t consider such a move ethical.
Learning the ropes
A self-described politics nerd who interned in his state assemblymember’s office in high school, Sutton credits the rigors of the tight-knit environment of Pomona College — more than his three years at Stanford University Law School — with influencing the way he works today.
“I learned early I wasn’t going to get away without doing my homework,” he told us.
After clerking for former California Supreme Court Justice Edward Panelli from 1988 to 1989, he searched for a way to combine his legal degree with his keen interest in politics and government. In 1990 he found his way to Nielsen, Merksamer, though he lived, as he still does, in San Francisco.
Since he knew the city, he evolved into the firm’s attorney who dealt with San Francisco matters, he told us, even though he’s a member of the Republican Party — a rare bird here. In fact, he even served a stint as general counsel for the California Republican Party.
His first work in the city was on behalf of large institutions — the M.H. de Young Memorial Museum’s early bond campaigns, for example. He also made a key alliance with consultant Barnes, who was on his way to building a hugely influential career here and becoming closely connected to former mayor Brown.
In spring 1998, Sutton acted as treasurer for Bay Beautiful, a PAC aimed at defeating Proposition K, which former state senator Quentin L. Kopp put on the ballot to restrict Brown’s control of the development of Treasure Island. (Though the measure passed, the Brown-controlled Board of Supervisors failed to implement it.)
In November 1999, Sutton played a role in the orchestrated independent expenditure campaign on behalf of Brown’s reelection efforts in his handling of the Willie Brown Leadership PAC. The PAC directed some $55,000 into Brown’s bid for a second term (see “The Soft Money Shuffle,” 2/16/00).
At the time, Sutton had gone public with his strong opposition to efforts to restrict spending in political campaigns, writing in the San Francisco Examiner, “Not only does a spending cap decrease the quantity and quality of the issues discussed in the campaigns, it also infringes on First Amendment rights.”
One year after Brown’s reelection, the Leadership PAC, together with the pro-downtown Committee on Jobs, pumped some $67,000 into an unsuccessful bid to defeat Proposition O, which reinstated limits on independent expenditures and provided public financing for campaigns. Sutton handled the legal work for No on O.
No surprise there, Sutton’s critics say. Where money seeks to influence politics, that’s where you’ll find him. Sutton, though, says the list of campaigns he’s served doesn’t reflect his ideology as much as it does his skill set. He told us the best-funded campaigns “tend to have the more complicated legal questions, since they’re going to do more stuff.”
Money and politics
Advocates of campaign finance reform say Sutton has taken his opposition to campaign spending limits on the road, seeking to erode local ordinances that restrict spending.
“Sutton is active all over the state in his opposition to campaign finance reform,” said Paul Ryan, political reform project director for the Los Angeles–based Center for Governmental Studies.
Most recently Sutton testified before the San Diego Ethics Commission at a Jan. 21 hearing on a proposal to strengthen local campaign finance law. Sutton argued the commission should repeal the local law and replace it with the state’s version, which happens to be weaker.
“When we wrote the Political Reform Act of 1974, we put in there that local laws could be stronger than the state law,” Center for Governmental Studies director Bob Stern said. “What we have now is about 100 cities and counties that have gone beyond the state law. What [Sutton] is doing is pushing local jurisdictions to follow the state law only. And that’s unfortunate, because each local jurisdiction needs to deal with its own problems.”
Sutton said he just wants a uniform standard, with the minimal local amendments.
“[Cities and counties] keep making more and more laws, which are making things more and more complicated and difficult for anyone who wants to run for election to figure out,” Sutton said. “It has a dampening effect.”
Ryan and others are concerned Sutton might succeed in discouraging officials in municipalities such as Los Angeles and San Francisco from sticking by their stronger local laws. Compounding their concerns is that Sutton appears to have a great deal of influence over regulatory officials — at least in San Francisco.
Charlie Marsteller, who formerly headed up a San Francisco chapter of California Common Cause, believes the Ethics Commission has for more than a year failed to act on a complaint he filed against Sutton in late 2002, because of Sutton’s influence on the agency. (The complaint was over Sutton’s failure to disclose some $800,000 in contributions from PG&E to a committee aimed at defeating Proposition D, another public power measure.)
“It seems to me they are waiting until after February, when a seat on the commission is up and they’ll be able to replace [Bob Planthold] with a Sutton-friendly commissioner,” Marsteller said. (Assessor-Recorder Mabel Teng is expected to name Planthold’s replacement any day now.)
More recent examples activists point to include the Harris spending-cap matter and the latest: a charge made Jan. 16 by two Ethics Commission staffers that director Ginny Vida ordered the destruction of documents accidentally e-mailed to the agency by a secretary in Sutton’s office. Those documents, which were first reported on in the San Francisco Sentinel, strongly suggest that funds raised by the San Francisco Swearing-In Committee (without contribution limits) for Newsom’s inauguration were used to pay off a long list of consultants who worked on the campaign — a charge Sutton has vehemently denied.
On Jan. 28, Sutton filed paperwork for the committee reporting contributions but not expenditures. The total raised was $317,850 and included donations of $10,000 to $20,000 from such downtown players as Shorenstein Co., Gap founder Don Fisher, the San Francisco Association of Realtors, and Clear Channel.
Though Sutton insists he enjoys no undue influence on local regulators, even one of Harris’s consultants told us Sutton was hired for just that reason. “Jim Sutton has a certain amount of influence with Ginny Vida. He doesn’t think [spending limits] are constitutional,” Looman said. “And I believe that worries her too.”
Vida was on medical leave and couldn’t reached for comment, but her deputy, Mabel Ng, said neither she nor Vida give Sutton special treatment.
“I don’t think he has any more or any less influence than anyone else,” Ng said.
Dealing with Ethics
Sutton’s most impressive act in the Harris controversy was convincing Vida and Ng that Harris didn’t know she was bound to the pledge she signed in January 2003 to stay under the spending cap. Had ethics officials concluded that Harris knew her pledge was binding when she blew the cap sometime in September, they could have disqualified her from the race, according to the terms of the city’s campaign finance law.
Instead the Ethics Commission signed onto a settlement agreement stipulating that Harris’s had been an innocent mistake — though there was plenty of evidence that her campaign officials fully knew the pledge was binding (see Campaign Watch, 9/17/03 and 10/08/03). But in buying into Sutton’s version of events, the commission allowed Harris to continue spending money that helped her win the race.
“To facilitate the needs of Sutton’s clients, [Ethics] staffers gave in to Sutton the way he wanted,” Marsteller said. “The commissioners dropped the ball in that they needed to request an audit to check out the veracity of the statements being made by Harris…. They could hardly decide that the violations by the Harris committee were unintentional absent an audit. It’s one of the greatest demonstrations of incompetence I’ve seen, and Sutton led them into it.”
For his part, Sutton disagrees that Vida gave him an easy of time of it. “They fined [Harris] $34,000, and they made sure we printed flyers and ads telling the public of the mistake,” Sutton said.
That’s true. But Ryan and others view the matter as strong evidence of Sutton’s influence.
“It appears as though many of the arguments he makes personally are then likewise made by Ginny Vida and Mabel Ng,” Ryan said. “It appears as though Jim Sutton is influencing the public policy and San Francisco and the interpretation of the city’s finance laws.”

The political puppeteer

0

By offering envelope-pushing legal and political advice at key moments in the fall campaign, attorney Jim Sutton was perhaps the single most influential individual behind the victories of Mayor Gavin Newsom and District Attorney Kamala Harris.
In the process, Sutton solidified his reputation as the dark prince of San Francisco elections, a hired gun who helps downtown interests and well-funded campaigns continue to dominate the electoral field even after voters passed reforms that restricted campaign giving and spending and required more official disclosure.
“He knows more election law than anyone, and he knows it better than anyone else,” local political consultant David Looman told the Bay Guardian. “He is the guy you call.”
New era, new player
Sutton, 40, stepped on the political stage just as voters were going to the polls in the fall of 1997 to demand more transparency in campaigns, a reaction to the leadership of Mayor Willie Brown and the dealings of powerhouse consultants like Jack Davis and Robert Barnes. At the time Sutton worked for Nielsen, Merksamer, Parrinello, Mueller, and Naylor, a Mill Valley firm that specializes in election law.
Sutton took on mostly big-money campaigns backed by downtown interests — such as Brown’s 1999 reelection and Pacific Gas and Electric Co.’s successful, multimillion-­dollar bids to squelch the public power movement in 2001 and 2002. Highly versed in the minutia of campaign finance law, he became a major player in electoral politics in San Francisco — and across the state.
“He is one of a small handful of very influential political law attorneys who typically represent moneyed, influential candidates,” California Common Cause executive director Jim Knox told us. “And he seems to be on something of a crusade right now.”
A search of the San Francisco Ethics Commission’s online database shows that over the past six years, Sutton has acted as treasurer or in another legal capacity for at least 20 campaigns and counts such heavily funded political action committees as the Golden Gate Restaurant Association, the Alice B. Toklas Lesbian Gay Bisexual Transgender Democratic Club, and the San Francisco Association of Realtors among his permanent clients. For that work, which doesn’t include the fall election, he earned at least $750,000.
Many of the city’s progressive activists and leaders see him as a dark agent — a tool only well-heeled interests can hire to navigate regulatory loopholes in order to spend as much as possible, even it means pushing the limits of the law, to sway voters.
“He’s an opportunistic lawyer who works against populist issues,” Sup. Tom Ammiano said.
Moreover, activists and state campaign finance experts say, he exerts an extraordinary level of influence over the city’s campaign regulators, including the top staff at the Ethics Commission and the deputy city attorneys who work with that agency.
“He is a high-powered fixer who has relationships with people in power that let him deliver for his clients in a way that leaves the less-connected among us flabbergasted,” said Marc Solomon, a Green Party member who worked on Sup. Matt Gonzalez’s mayoral campaign.
For his part, Sutton says that’s nonsense.
“There’s absolutely no proof or evidence of that,” Sutton told us. “I’m a professional, and I don’t want special access. I don’t need it, because I have a knowledge of the law.”
Rising to the top
By the time Sutton left his old firm last May to create Sutton and Associates, he had sealed his reputation as a go-to guy and counted among his clients the man who would be mayor. Sutton was everywhere. Consider:
• Having lawyered Newsom through the embarrassing flap in early 2003 over the $1 million loan from mentor Gordon Getty that (whoops!) Newsom neglected to disclose on his economic interest statements, Sutton served as treasurer to the Marina District supervisor’s mayoral campaign.
• When district attorney candidate Harris’s consultants realized their client was facing disaster if they couldn’t get her out of a legally binding pledge she signed in January 2003 to abide by the spending limits set in that race, they summoned Sutton, who got her out of the jam. The Ethics Commission’s decision to lift the spending limit was one of the agency’s most egregious acts in years and was truly an extraordinary event, activists say. It allowed Harris to spend hundreds of thousands of dollars to get past Bill Fazio in the runoff and eventually beat incumbent Terence Hallinan.
• Sutton handled the regulatory filing procedures for the California Urban Issues Project, a nonprofit lobbying outfit that churned out campaign mailers slamming Hallinan and mayoral contender Gonzalez for, among other charges, an unwillingness to crack down on the activities of homeless people. Though the group’s status prevents it from taking positions on candidates, the mailers clearly favored one candidate over the other. However, since the pieces didn’t actually include a “vote for candidate X” command, they fell within the bounds of the law as recently interpreted by the appellate courts, Sutton told us.
“What I do is say, ‘I am the lawyer. It’s my job to say this is what the law says. This is what it does or doesn’t allow,’ ” Sutton said. “It’s not about any kind of ideology on my part.”
• Sutton also served as treasurer for the campaigns behind two successful measures funded by downtown interests: the clean-streets initiative (Proposition C) and the controversial anti-panhandling legislation sponsored by Newsom (Proposition M). Interestingly, Harris particularly benefited because of her support for Prop. M. San Francisco pollster David Binder told us in December that her position on Prop. M helped her win over much of Fazio’s base and was key to her victory.
• Sutton’s expertise helped Newsom and Harris raise money in larger chunks during the runoff than they might otherwise have done. That’s because Sutton is keenly aware of a detail in the city’s campaign finance law that says if a candidate carries “accrued expenses” from the general election to the runoff, that candidate can collect $500 (instead of $250) from contributors. He should be — the ruling came as a result of his suggestion to local regulators.
For practical purposes, it can become a matter of shuffling the books. Newsom and Harris had so much cash behind their candidacies that it’s tough to believe they had any real debt. And in the case of at least Newsom, the amount of “debt” certainly seemed to be a moving target.
Shortly after the general election, Newsom campaign manger Eric Jaye told us he thought Newsom bore roughly $30,000 in accrued expenses. But when the campaign filed the paperwork, Newsom showed $225,322 in unpaid bills (see “Tainted Dough,” 12/03/03).
Neither Hallinan’s nor Gonzalez’s campaign took advantage of this provision in the law, even though Gonzalez treasurer Randy Knox brought it to the candidate’s attention. Gonzalez told us at the time that he didn’t consider such a move ethical.
Learning the ropes
A self-described politics nerd who interned in his state assemblymember’s office in high school, Sutton credits the rigors of the tight-knit environment of Pomona College — more than his three years at Stanford University Law School — with influencing the way he works today.
“I learned early I wasn’t going to get away without doing my homework,” he told us.
After clerking for former California Supreme Court Justice Edward Panelli from 1988 to 1989, he searched for a way to combine his legal degree with his keen interest in politics and government. In 1990 he found his way to Nielsen, Merksamer, though he lived, as he still does, in San Francisco.
Since he knew the city, he evolved into the firm’s attorney who dealt with San Francisco matters, he told us, even though he’s a member of the Republican Party — a rare bird here. In fact, he even served a stint as general counsel for the California Republican Party.
His first work in the city was on behalf of large institutions — the M.H. de Young Memorial Museum’s early bond campaigns, for example. He also made a key alliance with consultant Barnes, who was on his way to building a hugely influential career here and becoming closely connected to former mayor Brown.
In spring 1998, Sutton acted as treasurer for Bay Beautiful, a PAC aimed at defeating Proposition K, which former state senator Quentin L. Kopp put on the ballot to restrict Brown’s control of the development of Treasure Island. (Though the measure passed, the Brown-controlled Board of Supervisors failed to implement it.)
In November 1999, Sutton played a role in the orchestrated independent expenditure campaign on behalf of Brown’s reelection efforts in his handling of the Willie Brown Leadership PAC. The PAC directed some $55,000 into Brown’s bid for a second term (see “The Soft Money Shuffle,” 2/16/00).
At the time, Sutton had gone public with his strong opposition to efforts to restrict spending in political campaigns, writing in the San Francisco Examiner, “Not only does a spending cap decrease the quantity and quality of the issues discussed in the campaigns, it also infringes on First Amendment rights.”
One year after Brown’s reelection, the Leadership PAC, together with the pro-downtown Committee on Jobs, pumped some $67,000 into an unsuccessful bid to defeat Proposition O, which reinstated limits on independent expenditures and provided public financing for campaigns. Sutton handled the legal work for No on O.
No surprise there, Sutton’s critics say. Where money seeks to influence politics, that’s where you’ll find him. Sutton, though, says the list of campaigns he’s served doesn’t reflect his ideology as much as it does his skill set. He told us the best-funded campaigns “tend to have the more complicated legal questions, since they’re going to do more stuff.”
Money and politics
Advocates of campaign finance reform say Sutton has taken his opposition to campaign spending limits on the road, seeking to erode local ordinances that restrict spending.
“Sutton is active all over the state in his opposition to campaign finance reform,” said Paul Ryan, political reform project director for the Los Angeles–based Center for Governmental Studies.
Most recently Sutton testified before the San Diego Ethics Commission at a Jan. 21 hearing on a proposal to strengthen local campaign finance law. Sutton argued the commission should repeal the local law and replace it with the state’s version, which happens to be weaker.
“When we wrote the Political Reform Act of 1974, we put in there that local laws could be stronger than the state law,” Center for Governmental Studies director Bob Stern said. “What we have now is about 100 cities and counties that have gone beyond the state law. What [Sutton] is doing is pushing local jurisdictions to follow the state law only. And that’s unfortunate, because each local jurisdiction needs to deal with its own problems.”
Sutton said he just wants a uniform standard, with the minimal local amendments.
“[Cities and counties] keep making more and more laws, which are making things more and more complicated and difficult for anyone who wants to run for election to figure out,” Sutton said. “It has a dampening effect.”
Ryan and others are concerned Sutton might succeed in discouraging officials in municipalities such as Los Angeles and San Francisco from sticking by their stronger local laws. Compounding their concerns is that Sutton appears to have a great deal of influence over regulatory officials — at least in San Francisco.
Charlie Marsteller, who formerly headed up a San Francisco chapter of California Common Cause, believes the Ethics Commission has for more than a year failed to act on a complaint he filed against Sutton in late 2002, because of Sutton’s influence on the agency. (The complaint was over Sutton’s failure to disclose some $800,000 in contributions from PG&E to a committee aimed at defeating Proposition D, another public power measure.)
“It seems to me they are waiting until after February, when a seat on the commission is up and they’ll be able to replace [Bob Planthold] with a Sutton-friendly commissioner,” Marsteller said. (Assessor-Recorder Mabel Teng is expected to name Planthold’s replacement any day now.)
More recent examples activists point to include the Harris spending-cap matter and the latest: a charge made Jan. 16 by two Ethics Commission staffers that director Ginny Vida ordered the destruction of documents accidentally e-mailed to the agency by a secretary in Sutton’s office. Those documents, which were first reported on in the San Francisco Sentinel, strongly suggest that funds raised by the San Francisco Swearing-In Committee (without contribution limits) for Newsom’s inauguration were used to pay off a long list of consultants who worked on the campaign — a charge Sutton has vehemently denied.
On Jan. 28, Sutton filed paperwork for the committee reporting contributions but not expenditures. The total raised was $317,850 and included donations of $10,000 to $20,000 from such downtown players as Shorenstein Co., Gap founder Don Fisher, the San Francisco Association of Realtors, and Clear Channel.
Though Sutton insists he enjoys no undue influence on local regulators, even one of Harris’s consultants told us Sutton was hired for just that reason. “Jim Sutton has a certain amount of influence with Ginny Vida. He doesn’t think [spending limits] are constitutional,” Looman said. “And I believe that worries her too.”
Vida was on medical leave and couldn’t reached for comment, but her deputy, Mabel Ng, said neither she nor Vida give Sutton special treatment.
“I don’t think he has any more or any less influence than anyone else,” Ng said.
Dealing with Ethics
Sutton’s most impressive act in the Harris controversy was convincing Vida and Ng that Harris didn’t know she was bound to the pledge she signed in January 2003 to stay under the spending cap. Had ethics officials concluded that Harris knew her pledge was binding when she blew the cap sometime in September, they could have disqualified her from the race, according to the terms of the city’s campaign finance law.
Instead the Ethics Commission signed onto a settlement agreement stipulating that Harris’s had been an innocent mistake — though there was plenty of evidence that her campaign officials fully knew the pledge was binding (see Campaign Watch, 9/17/03 and 10/08/03). But in buying into Sutton’s version of events, the commission allowed Harris to continue spending money that helped her win the race.
“To facilitate the needs of Sutton’s clients, [Ethics] staffers gave in to Sutton the way he wanted,” Marsteller said. “The commissioners dropped the ball in that they needed to request an audit to check out the veracity of the statements being made by Harris…. They could hardly decide that the violations by the Harris committee were unintentional absent an audit. It’s one of the greatest demonstrations of incompetence I’ve seen, and Sutton led them into it.”
For his part, Sutton disagrees that Vida gave him an easy of time of it. “They fined [Harris] $34,000, and they made sure we printed flyers and ads telling the public of the mistake,” Sutton said.
That’s true. But Ryan and others view the matter as strong evidence of Sutton’s influence.
“It appears as though many of the arguments he makes personally are then likewise made by Ginny Vida and Mabel Ng,” Ryan said. “It appears as though Jim Sutton is influencing the public policy and San Francisco and the interpretation of the city’s finance laws.”